Legal Question in Family Law in California
Quit Clame Deed
California
My wife and I bought a house about 6 months ago. In order for us to qualfiy I had to sign a quit claim deed since my credit is not satisfactory. We both have however, equal interests in this home, ie: equal down payment, equal remodel costs and labor and time. I have fixed this house up from a shack to a nice home. I have approximently $30,000 into this home including down payment of $19,000 About $10,000 in fixing and repairs. We've been maried for 2.5 years been living together for 8 years. My question is if we get a divorce as that looks like where were heading do I have 50% of the equity or am I not able to recover any of my investment that I've been putting into this house. I have a statement signed by her stating that I am 50% vested into this deal, will that hold up in court? What exactly is a quit claim deed.
Thank you for your time & any input.
1 Answer from Attorneys
Re: Quit Clame Deed
I could not tell whether the money you put into the home for purchase and improvements was community money you earned, or separate money you had before the marriage or received by gift or inheritance.
The quitclaim you signed was probably an effective transmutation of the residence from c/p to her s/p.
I don't know if the piece of paper she signed would be considered an effective transmutation of the property from her s/p to c/p. You should have a lawyer read it. Per Fam Code sec 852, to effect a transmutation, it must be a writing, signed by the party being charged, and the language must be "express", meaning anybody reading it would understand the intent.
The quitclaim you signed might be subject to a set aside based upon breach of fiduciary duty. That would come under the Haines case and its progeny.
There is some very, very recent case law that allows for reimbursement and/or a "pro tanto" interest to the community for use of c/p funds to purchase or improve s/p.
As you can see, this is rather complicated. Unless the equity in the home is minimal, you really need to retain counsel.
Good luck.
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